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- ilnd;;1:20-cv-06970_de22 RegisterActionDate "2020-12-01" @default.
- ilnd;;1:20-cv-06970_de22 RegisterActionDescriptionText "MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, domain name transfer, asset restraint, and expedited discovery, and motion for electronic service of process 3 9 14 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establish a strong likelihood of success on the merits (including evidence of active infringement of plaintiff's intellectual property and sales into Illinois), the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its trademarks and copyrights. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. The court has doubts about the propriety of joinder (especially of sellers selling disparate products ranging from shower curtains and small patches to apparel) and whether plaintiff genuinely intends to pursue an accounting (justifying an asset freeze), but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze and joinder. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) (Entered: 12/01/2020)" @default.
- ilnd;;1:20-cv-06970_de22 AdministrativeID "22" @default.
- ilnd;;1:20-cv-06970_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-06970_de14 @default.
- ilnd;;1:20-cv-06970_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-06970_de2 @default.
- ilnd;;1:20-cv-06970_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-06970_de9 @default.